JUDGMENT 1. - This petition for writ is preferred to question correctness of the order dated 08.05.2002, whereby the Superintendent, Maharana Bhupal Government Hospital, Udaipur ordered to recover a sum of Rs. 58112/- from the pay of the petitioner in easy instalments of Rs. 1200/- per month. 2. It is submitted by learned counsel for the petitioner that the order impugned is apparently bad being passed in violation of the principles of natural justice. 3. Briefly stated, the facts of the case are that the petitioner, a Driver with the respondents, was assigned a duty to drive an ambulance having registration No. RJ-27-C-1006 (Maruti Gypsy). On 18.06.1992 an accident occurred and that caused damage to the ambulance. An FIR was lodged at the Police Station Bhupalpura under Section 279 and 337 IPC. A show cause notice then was served upon the petitioner for recovery of the assessed amount of damage caused to the ambulance. The petitioner in response to the notice aforesaid submitted that on 18.06.1192 at about 06.00 a.m. he was returning to hospital after leaving Mrs. Kamlesh Panjabi at her residence and at that time he stopped the vehicle for few minutes near Sukhadia Circle, Udaipur. At that time, a truck coming from opposite side hit the ambulance causing damage. The respondents by taking into consideration the reply given by the petitioner passed the order impugned. As per the respondents, the petitioner while submitting his response tendered apology for causing the accident and therefore, treating the same as admission of negligence, decision was taken to recover the amount equivalent to the loss caused. 4. In reply to the writ petition it is also stated that necessary investigation in the matter is yet pending. 5. Heard learned counsel for the parties. 6. The order impugned dated 08.05.2002 is passed by the respondents by treating the petitioner negligent in discharging his duties. Negligence in discharging the duties is a misconduct defined under the Rajasthan Civil Services (Conduct) Rules, 1970. The recovery of the amount from the pay of the petitioner is a penalty provided under Rule 14 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958. No Government servant can be subjected to a penalty against a misconduct without a definite finding in this regard by holding necessary enquiry. 7. The recovery of the amount from the pay of the petitioner is a penalty provided under Rule 14 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958. No Government servant can be subjected to a penalty against a misconduct without a definite finding in this regard by holding necessary enquiry. 7. In the case in hand, the respondents held the petitioner guilty for misconduct alleged on the count that he tendered apology for causing the accident. From perusal of the document Annex.R/1, wherein the petitioner tendered his apology, it reveals that as a matter of fact, the petitioner submitted his explanation and provided all factual details in which the accident took place. He tendered apology just as an abundant caution and being humble. In no case such apology could have been treated as admission of misconduct. The recovery sought to be made from the pay of the petitioner under the order dated 08.05.2002, therefore, is bad. 8. Accordingly, the writ petition is allowed. The order dated 08.05.2002 passed by the Superintendent, Maharana Bhupal Government Hospital, Udaipur is quashed. No order as to costs.Petition Allowed. *******